Holt v Wynter

Case [2000] NSWCA 143


Reported Decision: [2000] 49 NSWLR 128
[2000] 31 MVR 467

New South Wales


Court of Appeal

CITATION: Holt v Wynter [2000] NSWCA 143 revised - 26/06/2000
FILE NUMBER(S): CA 40639/98
HEARING DATE(S): 26 November 1999
JUDGMENT DATE:
26 June 2000

PARTIES :


Kristy Maree Holt v Darren Maurice Wynter
JUDGMENT OF: Priestley JA at 1; Meagher JA at 109; Handley JA at 110; Sheller JA at 111; Brownie AJA at 123
LOWER COURT JURISDICTION : District Court
LOWER COURT
FILE NUMBER(S) :
DC 2651/98
LOWER COURT
JUDICIAL OFFICER :
Acting Judge Cantrill
COUNSEL: Appellant - L. King SC / R. Duncan
Respondent - J.D. Hislop QC / D.J. Russell
SOLICITORS: Appellant - Cater & Blumer, Griffith (City Agents: Uther Webster & Evans)
Respondent - GIO Australia Ltd
CATCHWORDS: Motor Accidents - leave to commence proceedings - principles governing exercise of discretion - shether Salido v Nominal Defendant consistent with Brisbane South Regional Health Authority v Taylor
LEGISLATION CITED: NSW Limitation Act 1969
NSW Motor Accidents Act 1988
Motor Accidents Amendment Act 1995
Queensland Limitation of Actions Act 1974
Suitors Fund Act 1951
CASES CITED:
Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541
House v The King (1936) 55 CLR
Jago v District Court (1989) 168 CLR
Kinnas v Petricca, unreported, 1 December 1998
Longman v R (1989) 168 CLR
R v Abbott NSWCCA 5 July 1993
R v Geoghegan (1999) NSWCCA 20
R v Johnston NSWCCA 31 July 1998
Salido v Nominal Defendant (1993) 32 NSWLR
Sola Optical Australia Pty Ltd v Mills (1987) 163 CLR 628
Sydney City Council v Zegarac (1998) 43 NSWLR
DECISION: Appeal allowed



    THE SUPREME COURT
    OF NEW SOUTH WALES
    COURT OF APPEAL

    CA 40639/98
    DC 2651/98

                            PRIESTLEY JA
                        MEAGHER JA
                        HANDLEY JA
                        SHELLER JA
                        BROWNIE AJA


    Monday, 26 June 2000

    HOLT v WYNTER

    MOTOR ACCIDENTS - leave to commence proceedings - principles governing exercise of discretion - whether Salido v Nominal Defendant consistent with Brisbane South Regional Health Authority v Taylor

    The appellant was injured in a car accident in February 1992. Shortly afterwards she lodged a claim through her solicitor with the relevant insurer which was accepted more than six months from the date of the accident. The appellant changed solicitors five times. The progress of her claim was impeded by difficulties in obtaining her file from the first and second solicitors.
    The appellant was informed by her third solicitor more than five years after her accident that s 52 of the Motor Accidents Act 1988 provided that a person was not entitled to commence proceedings more than three years after the date by which their claim had to be made except with the leave of the court. In 1998 the appellant applied to the District Court for leave to commence proceedings against the respondent. Her application was refused on the grounds that the delay had caused significant prejudice to the defendant. In particular the Judge found that the respondent’s insurer had been prejudiced by the fact that it…

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AGLC
Holt v Wynter [2000] NSWCA 143
Case
[2000] NSWCA 143
Decision Date

CaseChat Overview and Summary

The parties to this matter were the plaintiff, Mr Holt, and the defendant, Mr Wynter. The dispute concerned an application for leave to commence proceedings in relation to a motor accident. The case was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the principles governing the exercise of discretion to grant leave to commence proceedings, as established in *Salido v Nominal Defendant*, were consistent with those articulated in *Brisbane South Regional Health Authority v Taylor*. This involved an examination of the criteria and considerations relevant to granting such leave in circumstances where the usual time limits for commencing proceedings had expired.

The Court of Appeal allowed the appeal. While the specific reasoning is not detailed in the provided text, the outcome indicates that the Court found the discretion to grant leave had been exercised incorrectly at the lower level, or that the principles applied were not consistent with the established authorities. The allowance of the appeal suggests that Mr Holt was granted leave to commence proceedings.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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